Ramesh Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49786 of 2018 Arising Out of PS. Case No.-49 Year-2018 Thana- KUCHAIKOTE District- Gopalganj ====================================================== Ramesh Sharma son of Jata Shankar Sharma, resident of Village- Karmini Gaji, P.S.- Kuchaikot, District- Gopalganj.

... ... Petitioner

Versus

The State of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr. Dhramveer For the Opposite Party/s :

Smt Sangeeta Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 02-11-2018 Heard learned counsel for the petitioner.

Petitioner prays for bail in connection with Kuchaikot P.S.Case No. 49 of 2018 registered for the offences punishable under Sections 365, 302, 201 and 120B of the Indian Penal Code.

Prosecution case as per FIR is of missing the son of the informant and it is alleged that his dead body was disposed of. Petitioner is not named in the FIR and later on his name transpired in the confessional statement of co-accused Dhananjay Sharma.

Submission of learned counsel for the petitioner is that except confessional statement there is nothing against him

Patna High Court Cr.Misc. No.49786 of 2018(3) dt.02-11-2018 2/3 and only allegation as per confessional statement against the petitioner is that he was co-operating in disposal of dead body and moreover petitioner is in custody for eight months and other co-accused, though ladies, have been granted bail by a coordinate Bench of this Court vide order dated 9.7.2018 passed in Cr.Misc.No. 33297 of 2018 along with Cr.Misc.No. 34665 of 2018.

Heard learned APP and learned counsel for the informant. They have opposed the prayer for bail stating that five witnesses have been examined and three witnesses have to be examined in this case.

Having heard both sides and in the facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate-VII, Gopalganj, in connection with Kuchaikot P.S.Case No. 49 of 2018, subject to the condition that one of the bailors shall be a local person having sufficient immoveable properties within the jurisdiction of the court concerned and further condition is that petitioner has to co-operate in disposal of trial and appear in trial court as and when required, otherwise his bail bond shall be

Patna High Court Cr.Misc. No.49786 of 2018(3) dt.02-11-2018 3/3 cancelled.

(Vinod Kumar Sinha, J) spal/- U